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Court Strikes Down Illinois' Conceal Carry Ban

Discussion in 'Carry Issues' started by jbp84, Dec 11, 2012.


  1. vafish

    vafish
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    I'm not a lawyer, but the way I understand it yes.

    As for moving to il, I'm not sure but from what I understand you need a foid to possess a firearm.

    posted from my stupid smart phone, please excuse any spelling mistakes.
     

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  2. redbaron007

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    Appreciate the response vafish.

    My motive for asking is I may be traveling to IL next year on business (8-12 times), with a small outside chance of moving there (hope it remains small).

    :wavey:

    red
     

  3. Gpruitt54

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    I'll have to go back a re-read teh article. But I thought they had 120 days to build a mechanism to comply with the ruling.

    Here is the quote from the article:

    "The Supreme Court’s interpretation of the Second Amendment compelled the appeals court to rule the ban unconstitutional, the judges said. But the court gave 180 days to "allow the Illinois legislature to craft a new gun law that will impose reasonable limitations, consistent with the public safety and the Second Amendment as interpreted in this opinion, on the carrying of guns in public."

    To me this means limitations like, where can weapons be disallowed, like schools, daycare centers, shopping malls, etc. I don't think this means that Illinois is being given time to write lays that disallow conceal carry. I believe that Illinois now has to comply with the court and allow CCW like the other 49 states.

    Yes/No?
     
    #43 Gpruitt54, Dec 13, 2012
    Last edited: Dec 13, 2012
  4. Gpruitt54

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    This is the other big question. Which states CCW will Illinois honor. I am an Illinois resident and I hold a Utah non-resident CCW which is honored by indiana and Wisconsin, both boarder states to Illinois.

    As an Illinois resident, I buy ammo and reloading supplies from Indiana stores. I must show my FOID card in order to do so. Indiana is obligated to check my FOID to so much as touch a weapon in an Indiana gun store. The same applies to Wisconsin.
     
    #44 Gpruitt54, Dec 13, 2012
    Last edited: Dec 13, 2012
  5. ArrowJ

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    My guess would be they will honor no other states as you must have a FOID card to own a firearm in Illinoguns. I would guess that for Illinois the answer will always be as restrictive as possible.
     
  6. SCmasterblaster

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    Great news - I heard this on the radio this morning!
     
  7. Gpruitt54

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    That kind of thing would be very bad. If Illinois would choose not to honor other states CCW, then those states may choose not honor the Illinois CCW. Are there similar catfights between s few states regarding resident and non-resident CCW's? I recall conversation on this subject during my Utah non-resident CCW class.

    Bottom line is, I hope that Illinois lawmakers behave like adults and build something that works and is not the stupidest CCW permit structure in the nation. But, maybe I am asking for to much.
     
  8. isp2605

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    Only IL residents are required to have FOID cards. Non-residents visiting in and traveling thru IL with firearms do not need a FOID card and cannot get a FOID card.

    If you move to IL then you are required to get a FOID card. Doesn't matter if you owned the firearms before. The FOID card does not register firearms. IL does not register firearms. It's like a driver's license. If you drive a car then you need a DL, if you possess a firearm then you need a FOID.
     
  9. volsbear

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    The smart and likely thing to do is bring back the Phelps bill that failed by six votes. Prior to last minute deal-making in Chicago, it's rumored that the votes were there. And the bill wasn't terrible.


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  10. volsbear

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    Not so coincidentally, I was talking with a couple of illinois judges today about the ruling. They seemed clear about the 180 day thing in that "if it's unconstitutional in six months then it's unconstitutional TODAY."

    One added that he would likely grant a motion to quash arrest and dismiss a complaint on someone caught otherwise lawfully concealing.....not that I'd encourage anyone to test the waters.

    Interesting. The Chicago machine has a hornet's nest to deal with. I don't think the attorney general has even offered a response to this yet.

    There are going to be a fair amount of police officers in Illinois who might be perplexed by this issue.


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  11. raven11

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    http://www.stltoday.com/news/local/...cle_ea83f9c5-3bf0-5319-b3d5-e964d8f09b9c.html

    the article said she is reviewing the past Supreme Court decision.

    my hope is she won't appeal

    for the Supreme Court to reverse the decision they have to rule the right of Self Defence does not extend to outside the home and with 49 out of 50 states with CCW I don't see the supreme court overturning the decision

    the article also said that she is being groomed to be the next governor or senator of IL. if she appeals against CCW she loses the support of downstate pro-gun democrats and its not a guarantee she with will win the appeal which mean she loses the case and possibly the next election.

    if she doesn't appeal yes she might lose the Chicago votes but Chicago / cook county votes for her anyways so why satisfy the fringe groups when you can win the base(undecided) voters
     
  12. TK-421

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    Honestly? I think you're asking too much. :tongueout:
     
  13. volsbear

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    That's true. 2010 showed us that you can be incredibly popular outside of Cook County and still lose the governor's mansion. I think Bill Brady took almost 100 of the 102 counties and lost.


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  14. isp2605

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    Groomed? The writer at the paper really doesn't understand IL politics if he thinks she's being groomed. She's been AG for a number of years. Her daddy is the Speaker of the House and head of the Democratic Party in IL and has been for many years. He has the nickname Iron Mike or the Sphynx and he earned those names. He's very heavy hitter. If daughter Lisa wants to be gov daddy will make sure it happens. There was talk of her running for gov 2 yrs ago but she would have had to run against a sitting Democratic gov. The Democrats were afraid that such a move would split the party. Everyone felt the race was going to be close anyway as the sitting Democratic gov wasn't all that popular. If Lisa Madigan would have challenged the sitting gov then the Dems were afraid that would have split enough the Republicans would win.
    Lisa and her daddy are both anti-gun.
     
  15. volsbear

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    Oh I don't know if he's principled enough to be anti-gun. He's just a pandering ass. There are already rumors that Madigan and Cullerton "allowed" the 7th's decision so they can get a restrictive gun bill passed and generate $100 million in revenue.


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  16. isp2605

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    With those 2 nothing is beyond the realm of possibilities.
     
  17. volsbear

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    You are right about that, sir.

    We'll see what happens. Phelps is already claiming a bill could be passed now.

    I was talking to two judges today who were discussing the absurdity of the six month stay on the 7th's decision. Interesting conversation.


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  18. TBO

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    News like this gives me hope for our nation.
     
  19. samurairabbi

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    The reaction of those two judges is interesting. Most decisions introducing abrupt changes include some type of "with all deliberate speed" language. That 180 day provision strikes me as such a provision.
     
  20. EAJuggalo

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    Under what IN, WI or federal law are they doing this? To the best of my knowledge the purchaser's place of residence is irrelevant for an ammunition or component purchase, without some specific state or federal statute to the contrary. Come to think of it I've never been asked for any ID when purchasing ammunition in Indiana.

    isp, I seem to recall a discussion a few years back that ended with the State Police coming out with a statement that a CCW counted the same as an FOID for those from out of state. I believe the discussion had to do with purchasing ammo. Do you recall this or am I misremembering?